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kat30s

Member
What is the name of your state? CA I swear sometimes if it wasn't for bad luck......

Hopefully I am posting in the correct area.

I was away this weekend - just got back this morning and found out that late last night while my son was at work, a "friend" (haha) of his came into my house, took the keys to a car we have, got pulled over for drunk driving, and arrested. He was also unlicensed, and is in violation of his probation. The car was then towed to an impound lot. The car was not registered or insured. We have not used it in a while and were going to be getting rid of it soon. It was on private property. We called to find out what the fees were to pick it up and have it towed back to our home, and we were informed that within 72 hours, we had to insure and register the car, and then get a release from the CHP before we could pick it up, or else they would put a lien on it (for what I don't know - the impound fees?), and they could sell it! How can this be? Is this normal procedure for stolen cars? Why should I have to register and insure a car that is not even being used and is not driveable? We are talking about 5 - 600 bucks here for a car that is worth less than that, for a crime someone else committed.....If this is really true, can someone please tell me why? As far as I am aware in CA, as long as a vehicle is on private property, and not on the street, you are not required to have it registered or insured. HELP!

Thanks in advance
 
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BelizeBreeze

Senior Member
Whether or not the car was stolen, and whether or not it was drivable, it still needed to be registered.

It's been awhile since I've been in LooneyVille but did you call the DMV about a non-operational registration?

Also, regardless of the cost of this, you need to be suing that little punk for the costs of this.
 

kat30s

Member
I guess I wasn't aware that I needed to report it to the DMV as non operational - again, my understanding of CA was if it was not parked on the street, you were not required to register or insure it. That brings up another question - My husband is helping to fix up a car of a friend of his - it is in our driveway, and cannot be registered because it doesn't pass smog....say this guy had taken that car, would the same hold true? It just doesn't seem right....sorry just highly frustrated at this point - also I would love to sue that little punk, but he is a young, non-working in jail P.I.T.A, and it would be a huge waste of time and money...... :(
 

BelizeBreeze

Senior Member
also I would love to sue that little punk, but he is a young, non-working in jail P.I.T.A, and it would be a huge waste of time and money......
IAAL will correct me if I'm wrong but in California a civil judgement (I believe) is good for 10 years with a renewal for another 10.

So, who cares how young the punk is. For the next 20 years he'll own something that you can grab to satisfy the judgement you'll get against him.

Hint...hint....:D
 

BelizeBreeze

Senior Member
I forgot, the Smog Check is only for operational vehicles. However, if you miss your biennial Smog Check while the vehicle is non-operational, you will be required to get a smog inspection prior to bringing the vehicle back to operational status.
 

kat30s

Member
right....but I was wondering how it would be different, or if it would be different if the car they are working on was stolen instead of mine.....would he be required to register and insure the car even though it would be impossible because it does not pass smog? Sometimes I need a hammer to the head to make me understand so I am sorry if I am being a pain. If I am not requred to register a car that is not parked on the street, then how can they make me register and insure it before I can pick it up? I was going to have it towed right back to the same spot - is it because if the person who stole it got in an accident, and caused property damage or hurt someone, then my insurance would cover? Also I still need to know why they would put a lien on the car and can they really sell it? Not that they'd get much - I just don't understand and would like to know if there are some statutes out there I can read to be clearer on this......
 

BelizeBreeze

Senior Member
The difference is that the car is not registered at all. I'm talking about a non-operational registration. There's a difference.

As for the insurance, that I'm not qualified to answer.
 

CdwJava

Senior Member
If it was parked on private property then you would be right - no registration was required. However, the police do not know the history behind it and neither does the tow company. It was seized pursuant to the arrest of the driver and before it can be released it needs to be properly registered. You can get a temporary registration from the DMV after you pay your fees, or maybe a trip permit so that you can get it out of impound - but you need to get something.

Also, the lien sale paperwork may be started in 72 hours, but, I believe, they cannot actually dispose of your vehicle until 30 days have passed ... but each day means more money.

And have you signed a stolen vehicle report demanding prosecution of the person who took the car? if not, then you would not fall into the category of being a victim of a vehicle theft.

Carl
 

kat30s

Member
Thanks Carl that clarified it more for me - my husband is at a CHP office right now doing just that. AARRGGHH! It's been a long, frustrating day
 

divgradcurl

Senior Member
CdwJava,

you wrote:

If it was parked on private property then you would be right - no registration was required.
I know that, at one time at least, once you receive your registration renewal, if you aren't going to be driving the car or parking it on a street anywhere, then you needed to send the renewal form back telling the DMW that you wanted to register the car as "nonoperational" -- it used to cost $5, but it's free now, and automatic if you don't reregister the car for the street.

Is it different now -- if you don't do anything, it's just assumed to be nonoperational? Or do you at least still have to send back the original form the first time?

(I know you don't work for the DMV, but since you are a cop, I thought you might know!)
 
L

learningasIgo

Guest
There is a special permit you can get that permits your car to be TOWED on city streets even if it doesn't have current registration tags. You'd probably have to pay for the tow truck yourself, of course. Maybe if you call your favorite local towing company, they can give you the lowdown on the "moving" permit or whatever it is called.

As for paying the impound fees, yeah, that sounds like a drag. I was in the same situation, car stolen and abandoned, and I ended up paying the fees because I gave up contesting them.

If you pay to have the car TOWED back to your house, save your receipts-- maybe there is a procedure to be reimbursed for the impound fees, at the minimum, since you weren't exactly at fault.
 
L

learningasIgo

Guest
You should also keep in mind that the impound lots are not necessarily run by the state; they might be subcontractors who bid for the right to take possession of cool cars for free. San Francisco's contract was up for renewal a few years ago after they became notorious for bad business practices, but I don't know how the situation was resolved. The impound lot company was good friends with Willie Brown, by the way.

If the lot is contracted, the person behind the desk at the impound lot may not know the real answer, or may even be deceiving you in an attempt to milk you for all you're worth. See if the CHP has an ombudsman desk who might know the real answer...
 

stephenk

Senior Member
If no one was at home, how did this guy get into your house and happen to know where to find the keys to this car that no one drives around?

Is your hubby also making a burglary charge against the guy?
 

CdwJava

Senior Member
divgradcurl said:
CdwJava,
I know that, at one time at least, once you receive your registration renewal, if you aren't going to be driving the car or parking it on a street anywhere, then you needed to send the renewal form back telling the DMW that you wanted to register the car as "nonoperational" -- it used to cost $5, but it's free now, and automatic if you don't reregister the car for the street.

Is it different now -- if you don't do anything, it's just assumed to be nonoperational? Or do you at least still have to send back the original form the first time?

(I know you don't work for the DMV, but since you are a cop, I thought you might know!)
No, to my knowledge it is not automatic. And the PNO still cost money ... at least they did as of a couple years ago. When you go to sell a car, the reg. fees generally have to be paid in full (plus penalties) unless you had the PNO paid up during that time. They will NOT take your word for it that it had been a hulk in the back yard.

Carl
 

kat30s

Member
stephenk: unfortunately I have one bad window lock and he was easily able to jimmy it open. He had also been to the house a few times before - we had a key holder by the front door, and he probably knew our habits. My husband did give the CHP the entire details of the case, so they know about the break in.

learningasIgo: fortunately for me my ex was and is a contracted tow truck driver - not for the same state, but I know how the deal works. I also happen to know the owner of this particular tow company, and they have to do what the law says. The law is not quite as lenient with these guys as they used to be - too many companies took advantage. I appreciaten your view though for sure.
 
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